New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-07-23
AGAINST THE STEWART WILL
MRS. J. LAWRENCE SMITH BRINGS ANOTHER
SUIT AGAINST EX-JUDGE HILTON.
SHE WANTS THE TRANSFER OF THE DRY-GooDs
BUSINESS SET AsIDE-PoINrs OF DIFFER
ENcE IN HER COMPLAINT FROM THAT
OF HERsON-IN-LAw, PRESCOTT
HALL BUTLER

OF hERS0N-IN-LAw. PRESCOTT
HALL BUTLER
The litigation around the estate of Alexander =
Stewart appears to be interminabe. The last pub.
lished important action begun was that by PRESCOTT
Hall Butler, who about the middle of February
last fled notice of tendency of action in suit
to set aside what is known as the trust clause in
the will of Mrs. Cornelia NJ. Stewart MI. ButIer's
great aim was to reduce ex-Judge Henry Hilton's
influence and power as a trustee under that docu-
ment to as near nothing as possible.
Mr.. Buffers mother-n-law, Mrs. j. Lawrence
Smith, has now begun another suit against Mr..
Hilton. The purpose of this is to have an account
ing and to set aside the transfer of the dry
goods business made by Mrs. Stewart in
1875 A. T. stewart died in April of that year.
The present action differs in important particulars
from the suit instituted by Mr.. Butler In his ac-
on he devoted large part of his complaint to allie
cations Of undue influence exerted by Mr. Hilton
upon the mind of Mrs. Stewart. This feature does
not appear In the present complaint, which with
out this, however, is still formidable document.
Mrs. Smith recItes the well-known facts relative
to the transfer and makes the assertion that it .as
unlawfully made. against the lawful interests Of
the riehtful heirs and not in accordance with tho
intentions of Mr. Stewart as declared in his will,
The sum Of 81 100000. for which provision was
made, was intended. Ii Is asserted, a. full and
ample discharge OF all obligations of the estate TO
Judge Hilton for conducting or closing out the
business Among the property to which atteu tiou
is called as having passed improperly to Mr. Hiltons
hands are the buiIdingat Broadway and Chambers
St and theIarge retail building at Tenthst There is
a recital of the facts of the will of A. 7. Stewart,
the letters from Mr.. Stewart TO his wife relative to
his wishes, of the management Of the estate by Mr.
Hilton, Of Mrs Stewards will and of many such
matters set forth in the suit of Mr.. Butler.
The transfer Of the property is held to have been
made without authority and in a manner demand
ing an investigation and az accounting
Whether the present suit was an after thought,
based on the idea that the Butler suit did not go
far enough or did not rest upon a desirable legal
basis, could not be learned yesterday nor whe her
1t was simply further step in the general CAM
paign of the heirs TO make matters as uncomfort-
able as possible for Mr.. Hilton. There is pro-
vision in the will that any heir contesting il
ler's wife had already been the recipient of the
house at Ihrty-fourth-st and FIfth-ave, north
east corner and with her children provided for
In the will OF Mrs. Stewart-Mr. Buffers family IN
all, past and present, receiving some $500, O,O00-it
was stated when Mr.. Butler began his action that
he was not playing losing game either way -.
ferent phase. In the original Will and first cOdcil
she received certain sum out and out; but In the
final provisions Of the document sne was made aa
nephew of Mrs. Stewart. as Mrs Smith was SAID 10
be her favorite " niece. As the present action IS
brought merely to aside the transfer of property
made in 1879. it is thought that the litigation
takes this form to evade the forfeiture clause Of
the will. To all lntents aud purposes. however, 1t
Is understood that Mr. Hilton regards it as an at
tempt to break the will. and tnat being the case
there is prospect OF a lively counter demonstra-
tion before the of ali this litigation comes 10
end.
Judge Hilton Is now in Saratoga. The papers in
the SUIT OF Mrs. Smith were served few days aso.
The answer. of course, will be put in until fall,
and Will be undoubtedly of the nature of that ia
the Butler suit, general denial all along the line